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HomeMy WebLinkAboutCC Reso No 2016-050 CDR 2015-07RESOLUTION NO. 2016 - 050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2015 -07 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Elsinore Valley Cemetery requests approval of a proposed 7,950 square foot new chapel and office located in an existing Cemetery. The proposed project is specifically located at 18170 Collier Ave (APN: 377 - 050 -033, 062, 063, & 079) and generally located south east of the intersection of Collier Ave and Riverside; and, WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and, WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and, WHEREAS, on April 5, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, WHEREAS, on April 26, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) RESO. NO. 2016 - 050 PAGE 2OF4 and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site has is located adjacent to the Interstate 15 freeway, and has no habitat present on site, including riparian /riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a Joint Project Review. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. RESO. NO. 2016 - 050 PAGE 3OF4 The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the City Council finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 26th day of April, 2016. ATTEST; Sus M. Domen, MMC City Clerk Briah-T-isdale Mayor APPROVED ASFIRM' Ba' ara Leibold, City Attorney RESO. NO. 2016 - 050 PAGE 4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -050 was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 26, 2016, and that the same was adopted by the following vote: AYES: Council Members Hickman and Manos, Mayor Pro Tern Magee and Mayor Tisdale NOES: None ABSENT: Council Member Johnson ABSTAIN: None Susan M. Domen, MMC City Clerk